TOM THOMAS Vs. STATEOF KERALA

JUDGEMENT

(1.) The petitioner in W.P.(C)15841/13 has filed this appeal challenging the judgment dated 30.11.2015 rendered by the learned Single Judge dismissing the writ petition. The appellant filed the writ petition seeking to quash Exts.P15, P19, P19(b) and P21 and to direct respondents 1, 2 and 3 to refrain from adjudicating the civil rights of the appellant and respondents 4 and 5 over St. Thomas Upper Primary School, Parannur.

(2.) The background in which the writ petition was filed is that the St. Thomas Upper Primary School is an aided school in the Kunnamkulam Educational Sub District. The manager of the school was one Mr.Joseph George, whose legal heirs are respondents 4 and 5. It is the case of the appellant that during the life time of Joseph George, Ext.P9(a) application dated 26.4.1978 was submitted by him for transfer of management and correspondentship of the school. According to the appellant, on 26.4.1978 itself the then manager submitted Ext.R4(a) application to the Regional

(3.) It is also his case that after the said applications were made by the then manager seeking permission as provided under Rule 5A of Chapter III of the Kerala Education Rules, 1959 (hereinafter referred to as 'the KER' for short), the appellant started to discharge the duties of the manager and made appointments, as per Annexure A2 dated 21.6.1978. It is also his case that the then manager completed the procedural requirements for change of management and ownership and reference is made to Annexures A3, A4, A5 and A6. It is stated that while so Sri.Joseph George, the then manager expired on 31.10.1978 and subsequently, Ext.P9 order dated 29.8.1979 was passed by the Director of Public Instructions, granting permission for the transfer of management with ownership of St. Thomas U.P. School Parannur from Sri.Joseph George to the appellant.